ROCHESTER – The two sides involved in a contentious annexation case involving a piece of city-owned property in the Town of Ellicott/Village of Falconer will finally get their day in court in April.
The Supreme Court of New York State 4th Appellate Division in Rochester will hear arguments involving the proposed annexation of the Jamestown Board of Public Utilities’ Dow Street Sub Station property on April 10 with a decision possible by the end of the month or in early May.
In the summer of 2017 the Jamestown City Council voted to annex the property, claiming the city had a right to annex it because a portion of it is adjacent to the city line with the village of Falconer, which sits in the town of Ellicott.
Officials from Falconer, Ellicott, and the Falconer School District objected to the proposal because of the loss of tax revenue that would occur. As a result the dispute has to be settled in the state appellate court.
Currently the city – through the BPU – pays approximately $325,000 annually in taxes on the property. If it were to be within Jamestown the BPU would not have to pay any taxes and would instead pay about $80,000 each in PILOT payments to both the city government and the Jamestown School District – resulting in a net savings about at $160,000 each year.
The BPU has committed $405,000 in legal fees toward the case. According to the Post-Journal, the sides opposing it have paid a combined $320,000.